Intellectual Property Rights

The following reflects the policy on intellectual property rights as addressed in the ASEE contract:

(a)  Except as expressly set forth herein, consistent with 45 CFR § 650.6, ASEE claims no rights to any inventions or writings that might result from the Fellowship. 

(b)  Host Company shall provide to the Government such rights in inventions, technical data, and computer software made in performance of the Fellowship as may be required by Government or National Science Foundation rules, regulations, and policies applicable to this Agreement.   In addition, Host Company acknowledges that the National Science Foundation (or another Federal agency) may acquire rights in inventions, technical data, and computer software made in performance of the Fellowship by virtue of the National Science Foundation’s (or other Federal agency’s) funding, independent of the Fellowship, of particular research performed by Research Fellow.   Invention means any discovery or innovation that may be patented or otherwise protected under the U.S. patent laws.

(c)  Host Company has the obligation to ensure that Research Fellow complies with Host Company policies and procedures with respect to disclosure of, and rights in, any and all inventions (including inventions conceived or first actually reduced to practice in the performance of the Fellowship), patent applications, patents, technical data, computer software, know-how, copyrights, original works of authorship, trade dress, trademarks, service marks, mask works, trade secrets, or any other intellectual property (the “Intellectual Property Rights”) made, created, developed or otherwise arising in performance of the Fellowship by Research Fellow (the “Intellectual Property Rights”).    

(d)  Host Company shall hold ASEE harmless for all matters related to Intellectual Property Rights that arise from Host Company’s use of any funds from the U.S. Government in connection with the Program, the Research Project or the Research Fellow.

(e) At the conclusion of the Fellowship, Host Company shall, with assistance of Research Fellow, disclose to ASEE a description of any technical data or computer software created by the Research Fellow, which ASEE may use solely for the purpose of and only to the extent required to meet ASEE obligations to the Federal Government under its Grant Award.

Last Updated: September 27, 2011 06:41 PM